The rise of opioid-related deaths continues to dominate the news, with data from the CDC indicating that overdose deaths involving opioids have increased sixfold since 1999. In an effort to combat this ever-mounting number and curb drug overdose deaths amid the opioid crisis, Pennsylvania police and civil officials have implemented a number of stringent laws. One such regulation—labeled “Drug Delivery Resulting in Death”—is filed against individuals who sell or share a drug used during a fatal overdose. The rise of overdose deaths related to illegal drugs, such as heroin, has led to increased criminal prosecution and severe legal consequences.
A Drug Delivery Resulting in Death charge is one of the harshest charges in the Commonwealth, with only murder in the first and second degree carrying more severe penalties. These cases require the help of a knowledgeable legal professional who can carefully and strategically fight the prosecution’s arguments. Fortunately, experienced help is right around the corner. If you’re facing accusations of Drug Delivery Resulting in Death, contact us at Rubin, Glickman, Steinberg & Gifford today.
What is Drug Delivery Resulting in Death in Pennsylvania?
Under Pennsylvania Statute 18 P.S.§ 2506, a person commits a felony of the first degree if they intentionally dispense, deliver, or distribute any controlled substance under Pennsylvania’s Controlled Substance, Drug, Device, and Cosmetic Act, and that drug delivery results in another person’s death. Violating the Drug Act in such cases can lead to severe legal consequences, including significant prison time and fines.
It’s also important to note the unique nature of this charge regarding the penalties associated with a conviction. A standard felony of the first degree has a maximum prison sentence of 20 years, but this charge stands alone in that it carries with it an enhanced maximum penalty of 40 years. Likewise, you may also face a maximum fine of $25,000, seizure of property by the state, and restitution to the victim’s family.
What Does the Government Need to Prove to Convict a Person of Drug Delivery Resulting in Death in Pennsylvania?
According to Pennsylvania law, the offense of drug delivery resulting in death includes two critical elements. They’re as follows:
- An individual must intentionally dispense, deliver, prescribe, administer, sell, give, or distribute a controlled substance that violates Pennsylvania law, and
- Another person must use the substance and die as a result.
This means that the prosecution needs to prove, beyond a reasonable doubt, that the defendant supplied the drug, did so intentionally, and acted knowingly or recklessly in causing the victim’s death. In this case, a person acts recklessly if they consciously disregard a substantial and unjustifiable risk that the drug could cause death. The criminal defendant is afforded rights and legal protections, including the right to a jury trial, the burden of proof on the prosecution, and the ability to challenge evidence obtained by law enforcement. In other words, the prosecution needs to show that it was a gross deviation from what a reasonable person would do in this scenario. Proving that a specific delivered drug caused the overdose death can be complex, as victims often have multiple substances in their system and associated medical conditions.
However, this is a unique charge as it doesn’t require the Commonwealth to prove beyond a reasonable doubt that the death was intentional, but rather that it came from the reckless action of the defendant. That is, malice isn’t a required element of the crime. Prosecutors must prove a direct link between the drugs supplied and the victim’s death, often relying on expert testimonies and thorough investigations to establish causation.
The Investigation and Evidence Collection
When a person dies from a drug overdose, law enforcement agencies in Pennsylvania typically launch a thorough investigation to determine the source of the drugs and identify any individuals who may be criminally responsible for the death. This process involves meticulous evidence collection and analysis to build a strong case.
Investigators may collect physical evidence from the scene, such as drug paraphernalia, packaging materials, and any remaining substances. These items can provide crucial clues about the type and origin of the drugs involved. Additionally, police often conduct interviews with witnesses, including friends and family members of the victim, to gather information about the victim’s recent activities and potential sources of the drugs.
Analyzing the victim’s phone records and social media activity is another critical aspect of the investigation. This can help identify communications with potential suspects and trace the chain of drug distribution. Forensic analysis is also employed to determine the type and amount of drugs present in the victim’s system, which can be pivotal in establishing a connection between the drug delivery and the fatal overdose.
Specialized units, such as narcotics teams or homicide units, may be involved in these investigations. These units possess specialized training and equipment to gather evidence effectively and build cases against suspects. Witness testimony, particularly from those present at the time of the overdose or individuals who may have sold or provided the drugs, can also play a significant role in the investigation.
Penalties for a Conviction
A conviction for drug delivery resulting in death in Pennsylvania carries severe penalties, reflecting the gravity of the offense. The maximum sentence for this charge is up to 40 years in prison, significantly higher than the standard maximum for a first-degree felony. Additionally, those convicted may face a maximum fine of $25,000, along with the potential seizure of property by the state and restitution payments to the victim’s family.
Beyond these immediate penalties, a conviction can have long-lasting consequences. A felony conviction on your record can severely impact your ability to find employment or secure housing, as many employers and landlords conduct background checks. Furthermore, individuals with felony convictions may lose certain civil rights, such as the right to vote or possess a firearm. Increased scrutiny from law enforcement is also a possibility, which can lead to further arrests or convictions.
The severity of the penalties can vary depending on the specifics of the case. For instance, if the victim is a minor, the penalties may be more stringent. Similarly, defendants with prior convictions or those classified as “drug traffickers” may face harsher sentences.
Given the serious nature of these charges, it is crucial to seek the advice of an experienced criminal defense attorney. A skilled attorney can help navigate the complex legal process, challenge the prosecution’s evidence, and build a robust defense to mitigate the consequences of a conviction. If you or a loved one is facing charges for drug delivery resulting in death, contacting a knowledgeable criminal defense attorney is an essential step in protecting your rights and future.
Defending a Drug Delivery Resulting in Death Charge
Being charged with drug delivery resulting in death can be frightening, but there are, fortunately, a number of defenses available. The defense may focus on creating reasonable doubt concerning the defendant’s conduct being a significant factor in inducing death and that other elements were the likely cause of it. Additionally, understanding the legal implications of drug possession in relation to defense strategies can be crucial, as immunity from prosecution for minor drug offenses might influence the case. Your lawyer may consider motions to suppress, which directly calls into question if the prosecution met the prima facie burden of proof at the preliminary hearing, as well as pre-trial arguments that focus on the admissibility of evidence.
In any case, if you’re facing Drug Delivery Resulting in Death charges in Pennsylvania, it’s essential that you get in touch with a seasoned Montgomery County criminal defense lawyer as soon as possible to help sidestep the consequences associated with a conviction.
Contact an Experienced Criminal Defense Lawyer in Montgomery County
If you or someone you love has been accused of drug delivery resulting in death, there’s a lot at stake. At Rubin, Glickman, Steinberg & Gifford, our Montgomery County criminal defense lawyers understand the defenses available in these cases and may be able to use them to refute the prosecution’s argument and give you the best chance at success. Our highly trusted and well-versed legal team is dedicated to fighting for your rights and protecting your interests throughout the legal process. Experienced Philadelphia criminal defense lawyers are crucial in navigating complex legal situations related to drug delivery resulting in death.
For more than 65 years, the attorneys at Rubin, Glickman, Steinberg & Gifford have been serving clients’ legal needs in Montgomery County, Bucks County, Lehigh County, Chester County, Delaware County, and throughout the surrounding areas. We’ve earned the trust and respect of clients facing a wide range of legal problems. Give us a call at (215) 822-7575 or complete our online contact form today.
Rubin, Glickman, Steinberg & Gifford P.C.
Pennsylvania Attorney's
April 7, 2025
